Terms of Service
Terms of Service
Effective Date: January 15, 2021
These Terms of Service (the “Terms”) apply to your use of the EscrowTab website, the EscrowTab mobile and/or tablet applications, and the EscrowTab document e-vault (collectively, the “Platform”), and the EscrowTab services accessed through any of the above (the “Services”). The terms “EscrowTab,” “we,” “us,” and “our” refer to EscrowTab, Inc. “You” or “your” means any user who interacts with the Platform, including a website visitor, registered account user, applicant or co-applicant, remote notary, and any authorized signer, representative, agent, delegate, or witness of any of the above. You and EscrowTab are each a “Party” and are together the “Parties.”
If you have entered into a separate agreement for Services with EscrowTab (“Services Agreement”), the terms and conditions of such Services Agreement will supplement these Terms with respect to the Services covered by the Services Agreement. In the event of a conflict between these Terms and the terms of such Services Agreement, the terms of the Services Agreement will control.
We reserve the right, at our discretion, to change or update the Terms periodically and without prior notice. If we make any changes to these Terms, we will post a notice on the Platform and/or message you through your account or by sending you an e-mail. You agree to accept electronic communications and/or postings of revised versions of these Terms on or through the Platform and agree that such electronic communications or postings constitute notice to you of the revised version of these Terms. The updated Terms will become effective immediately upon posting.
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS, THE PLATFORM, AND SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
In order to be eligible to use the Platform or Services, you must be at least 18 years of age or older, and reside in the United States. Any residents of other nations that do not also reside in the United States are prohibited from accessing and using the Platform and Services.
Use of the Platform and Services; Representations, and Consents
Your Eligibility and Compliance. By using the Platform, you acknowledge and agree that you have read these Terms, are eligible to use the Platform and Services, will comply with these Terms, and will comply with all applicable law in connection with your use of the Platform and Services.
Your Account Credentials. By accessing or using the Platform, you acknowledge and agree that you are responsible for maintaining and protecting your account login credentials. You acknowledge and agree that you are responsible for ensuring that only authorized individuals or agents have access to your login credentials, and that you will be held responsible for any actions taken under, or by individuals using, your login credentials.
Your Representations. By using the Platform, you represent that:
• You are at least eighteen (18) years of age;
• You reside in a U.S. jurisdiction;
• The information you provide about your identity, professional licensing and good standing, if applicable, is truthful and accurate to the best of your knowledge;
• You have the actual authority to enter into and be bound by these Terms;
• If you are agreeing to these Terms or using the Platform or Services on behalf of any person or entity, you have the actual authority to agree to these Terms on behalf of that person or entity and bind them to these Terms;
• You will comply with these Terms and all applicable law.
Prohibited Uses. By using the Platform, you represent and agree that you will not engage in any of the following prohibited conduct in connection with your use of the Platform:
• Accessing or using the Platform or Services outside the United States.
• Providing information that is deceptive, tortious, defamatory, or libelous of another.
• Falsify or misrepresent your affiliations, authorizations, or professional licenses.
• Using any spider, scraper, deep link, crawler, or other similar automated data gathering or extraction tools, program, or algorithm to access, acquire, copy, or monitor the Platform, any communications to or from the Platform, or any documents uploaded to the Platform e-vault.
• Attempting to decipher, decompile, disassemble, or reverse-engineer any of the software or source code comprising or a part of the Platform.
• Uploading, posting, or transmitting any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features that otherwise interfere with or limit the proper functioning of the Platform.
Consents. By using the Platform, you consent and agree:
• To communicate with, and receive communications from, EscrowTab in an electronic format.
• To upload, transmit, view, access, receive, and sign all documents related to your account or a related transaction, in an electronic format.
• To create an electronic signature and use it to sign all documents related to your account or a related transaction, in an electronic format.
• To be placed under oath, acknowledge your signature, and do any of those things necessary to facilitate notarizations or execute agreements through the Platform, in each case in an electronic format.
License We Grant to You. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Platform and Services only for your and your agents’ authorized use, and only in a manner that complies with all applicable laws and these Terms. For the avoidance of doubt, our ownership of the Platform and Services is not transferred, modified, altered, or otherwise limited by any license granted in these Terms or by your use of the Platform or Services.
License You Grant to Us. You grant to us a limited, perpetual, royalty-free, sub-licensable, revocable, worldwide license to store, upload, and share the content and documents that you provide to us or that are provided by your agents on your behalf so that we may operate the Platform and deliver the Services. Such license also allows us to modify, translate, and re-format the content and documents that you provide so that we may operate the Platform and deliver the Services.
Intellectual Property, Copyright, and Marks
Property. You agree and acknowledge that the Platform and Services are owned and operated by EscrowTab and is protected by United States copyright laws and other intellectual property laws. You acknowledge that the Platform has been developed and created by and through the expenditure of substantial time, effort, and money, and that all right, title, and interest in and to the Platform, Services, and any content therein, and the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing, are our exclusive property.
Marks. You agree and acknowledge that EscrowTab, and all associated logos, marks, and icons are our registered trademarks. You may not copy, imitate, distribute, post, advertise, or use our trademarks without our prior written consent.
Warranty and Disclaimer
YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ESCROWTAB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND SERVICES AND YOUR USE THEREOF. ESCROWTAB MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE PLATFORM, SERVICES, ANY RELATED CONTENT, OR ANY DOCUMENTS PROVIDED TO YOU. ESCROWTAB PROVIDES THE PLATFORM AND SERVICES ON AN “AS-IS” BASIS AND DOES NOT WARRANT ITS FITNESS FOR A PARTICULAR PURPOSE OR THAT YOUR USE OF THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ESCROWTAB INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE PLATFORM OR SERVICES; (II) YOUR VIOLATION OF ANY PROVISION OF THESE TERMS; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; AND/OR (IV) ANY OF THE FOREGOING ACTIONS COMMITTED BY A THIRD PARTY YOU HAVE AUTHORIZED TO ACT ON YOUR BEHALF. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE PLATFORM AND SERVICES.
Limitation on Liability
IN NO EVENT SHALL ESCROWTAB, ITS AFFILIATES, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE PLATFORM OR IN CONNECTION WITH THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, AND/OR; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DOCUMENTS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Termination. We reserve the right, in our sole discretion, to terminate or deny you access to the Platform or Services at any time without notice. Incidents giving rise to such termination may include, but are not limited to: (1) breaches or violations of these Terms or any payment obligations you may have to EscrowTab; (2) requests by law enforcement or government agencies; (3) court orders or demands; (4) extended periods of inactivity; or (5) our determination that you have submitted any information to us that is false, misleading, inaccurate, out-of-date, or incomplete.
Survival. The following sections of these Terms will survive expiration or termination of your access to the Platform or Services: 4 (Intellectual Property), 5 (Warranty; Disclaimer), 6 (Indemnity), 7 (Limitation of Liability), 8 (Termination), 9 (Arbitration), 10 (Miscellaneous), as well as any other provision that by its terms survives termination of your use or access to the Mobile App, Website, or the Services.
MANDATORY ARBITRATION AND JURY TRIAL AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT AFFECTS YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ESCROWTAB. UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF AS PROVIDED BELOW.
Initial Informal Resolution. If any dispute arises, our goal is to resolve it with you outside of formal legal channels. Before taking any formal action, please contact us (see below for contact instructions) and provide a brief description of your dispute and your contact information, and any other users related to the events giving rise to your dispute.
Binding Arbitration. The Parties agree that, if an informal resolution cannot be reached, any Claim will be subject to binding arbitration as the sole means for resolution, unless you opt out as provided below. A “Claim” means any past, present, or future claim, dispute, or controversy involving you, on the one hand, and us on the other hand, relating to or arising out of these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including the validity or enforceability of this Section, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Parties agree that these Terms affect interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). An arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations.
Arbitrator. A neutral arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. The arbitrator’s award shall be written and shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1-(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1-(800) 352-5267 or visit their website at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Section, this Section shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
Arbitration Fees. If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them, and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Appeals. Within thirty (30) days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within thirty (30) days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Section and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.
No Class Action Arbitrations. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring Claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this subsection, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this subsection shall be determined exclusively by a court and not by the administrator or any arbitrator.
Survival and Severability. This Section shall survive any termination of these Terms. If any portion of this Section is deemed invalid or unenforceable, the remaining portions shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief or particular term, then that Claim (and only that Claim) or that term (and only that term) must be severed from this Section and may be brought in court.
Arbitration Exceptions. The preceding arbitration requirements of this Section do not apply to claims related to our intellectual property.
Jury Trial and Class Action Waiver. Without in any way limiting the arbitration provisions of this Section above, the Parties voluntarily and irrevocably waive their right to trial by jury in any action or other proceeding which arises out of or in any way relates to your use of the Platform of the provisions of these Terms. You agree and acknowledge that you expressly waive any right to bring or participate in a class action or to seek class action status for any Claim or dispute arising out of or in any way relating to these Terms, including, without limitation, claims at law or in equity, contract, tort, statutory, and breach of duty claims, and any and all other common law and statutory claims.
Opt-Out Right. You may opt-out of this Section for all purposes by sending an arbitration opt-out notice to email@example.com within sixty (60) days of the date of your electronic acceptance of these Terms. The opt-out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you prefer as long as it is received at the specified address within the specified time. No other methods can be used to opt out of the provisions of this Section. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
Governing Law; Jurisdiction. Without in any way limiting the provisions in Section 9 above, the jurisdiction for resolution of any dispute or proceeding not subject to Section 9 arising out of or in any way relating to this Agreement, whether in law or equity, will be in the state or federal courts, as applicable, of the State of Arizona, with venue in Maricopa County. Each Party consents to and irrevocably waives challenge to such jurisdiction and venue.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EscrowTab without restriction or limitation.
Severability. If any provision of these Terms is ruled invalid or unenforceable for any reason by a court of competent jurisdiction, such provision will be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability and the remainder of the Terms will be construed as if such adjusted provisions were in effect.
Relationship of the Parties. The Parties hereto are independent contractors. Nothing herein will be deemed to create an agency, employment, partnership, fiduciary, or joint venture relationship between the Parties. Neither Party is the representative of the other Party for any purpose and neither Party has the power or authority as agent, employee, or in any other capacity to represent, act for, bind, or otherwise create or assume any obligation on behalf of the other Party for any purpose whatsoever.
222 S Mill Ave, Suite 800
Tempe, AZ 85281
Please understand, however, that if you send us a request relating to your account or your personal information, we are legally obligated to verify your identity before we can reply to your request. In order to do so, we may ask for certain documentation verifying your identity, which we will delete or destroy after verification.
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